FAQ

A grant of probate is required for estates valued at over $15,000.00 at any one institution (at the time of writing this). An application is made to the High Court in New Zealand in a specific format. This proves the will is legitimate and that the legal requirements of the will have been met.

Letters of Administration (LOA) are much like a grant of probate. However if there is no will or issues with a will then LOA are applied for appointing the Administrators to administer the estate.

This is your legal document setting out how your Estate will be administered when you die. In a nutshell your will appoints your executors and trustees, sets out any gifts for loved ones, friends or charity and provides instructions on whom to distribute the residue or remainder of your estate

Having a will provides direction, guidance and instruction for your family or beneficiaries of your estate on how the assets are to be distributed and for settling any debts if the estate is solvent. If you die without a will, also known as dying intestate your loved ones will often incur more expense and time delays than if you have a will. The Administration Act 1969 in New Zealand determines who will benefit from your will as opposed to you setting out your instructions and wishes.

Every adult should create a will, whether or not they own property as soon as possible. We recommend that you review your will every 5 years as circumstances often change. The most common times people create wills are: A – Purchase of a New House, B – Having Child(ren), C – Entering into a Marriage / De facto relationship / civil union, E – A partner passes away, F – Flying or travelling overseas.

Dying without a will is also known as dying intestate. If you die intestate then the Administration Act 1969 determines who will benefit from your estate. There is a formula in the act that sets out who is entitled to the intestate estate. http://www.legislation.govt.nz/act/public/1969/0052/55.0/D LM392630.html

Our Solicitor network is able to assist you if your loved ones die without a will. Email or send us a message through our contact us page.

Executors are appointed in the Will and have the role of proving the will with the High Court of New Zealand.

Every adult should have a Will. Those who are employed in roles such as Security, Police, Armed Forces or high risk roles should be even more inclined to have a Will as soon as they are legally able to create a will.

Executors take on the role of proving the Will with the High Court of New Zealand. Over time and upon the assets being administered the Executors if also named Trustees become the trustees of the Trust (Testamentary Trust).